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The judgment below
The part of the defendant A and B (excluding the part of the compensation order) shall be reversed.
Defendant
A and B shall be punished by imprisonment.
Reasons
1. Of the facts charged against Defendant A and B, the lower court, as indicated in paragraph (3) of the facts charged in the lower judgment, shall require the victim G Co., Ltd. (hereinafter “victim Co., Ltd.”) in collusion with Defendant A and D to acquire in KRW 5.5 billion the non-guaranteed corporate bonds of the victim Co., Ltd. (hereinafter “V”), KRW 2.5 billion, and shall take over the non-guaranteed corporate bonds of the Co., Ltd. (hereinafter “V”), KRW 1.3 billion on the same day (hereinafter “W”), ensure that he/she will take over the stocks of KRW 5.5 billion, and shall take over the stocks of KRW 5 billion on the same day, and deposit the funds of the victim Co., Ltd. in KRW 5.5 billion in total with KRW 5 billion in V and KRW 200 million in total, around January 29, 2016, and the same year.
2.1.Around the same year 2.5 billion won,
2. Around 23, 200 million won was re-deposited to X, a Co., Ltd., the 540 million won, and then embezzled by using it as a repayment, etc. of loans to P Co., Ltd. (hereinafter “O”) of J (hereinafter “J”) on or around February 2016, the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement). The embezzlement amount of the non-guilty part of the above reason was not deducted from the purchase price of V stocks the appropriate value of V stocks purchased from the purchase price of V stocks. The victim’s KRW 5.5 billion deducted from the total value of V stocks purchased by the victim company KRW 4.4 billion.4 billion, which is the embezzlement amount, and thus, the embezzlement amount does not constitute Article 3(1)1 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, which requires that five billion won or more should be more.
The remainder of the charges against Defendant A and B were found guilty, and only Defendant A and B appealed against the guilty portion, and the prosecutor did not appeal.
In such cases, the part of acquittal in the reasoning is also judged by the principle of no appeal, along with the part of conviction, but the part of acquittal in the reasoning is already subject to attack and defense between the parties.